Mineral lands excepted. SEC. 13. That all mineral lands shall be exempted from the grants made by this act. But if sections sixteen and thirty-six, or any subdivision or portion of any smallest subdivision thereof in any township, shall be Lands in lieu. found by the Department of the Interior to be mineral lands, said State is hereby authorized and empowered to select, in legal subdivisions, an equal quantity of other unappropriated lands in said State in lieu thereof, for the use and the benefit of the common schools of said State. Selections to be under direction of the Interior. SEC. 14. That all lands granted in quantity or as the Secretary of indemnity by this act shall be selected, under the direction of the Secretary of the Interior, from the surveyed, unreserved and unappropriated public lands of the United States within the limits of the State entitled thereto. And there shall be deducted from the number of acres of land donated by this act for specific objects to said State the number of acres heretofore donated by Congress to said Territory for similar objects. Deductions. SURVEYORS-GENERAL AND SURVEYS. Revised Statutes, section 2207-How appointed.... Secs. 2214-2223-Residence-Bond-Duration of office-Duties. Secs. 2230-2232-Bond of deputy surveyor. Secs. 2395-2413-Rules of survey-Boundaries of land-Contracts Prices Survey on request of settlers-Deposits for expenses-Augmented rates Geological Survey-RiversNevada-Geodetic method-Rectangular method, when departed from-Surveying by day-Interfering with surveys.. Act of August 7, 1882 (22 Stat., 327)-Certificates for settler's deposit.. Act of March 3, 1893 (27 Stat., 709)-Consolidation of surveyor generals' offices.. Page. 343 343 345 346 346 346 352 352 352 353 353 Act of June 10, 1896 (29 Stat., 343)-Injuring survey posts... UNITED STATES REVISED STATUTES. 353 how and SEC. 2207. There shall be appointed by the President, era Surveyors-g -genby and with the advice and consent of the Senate, a sur- when appointed. veyor-general for the States and Territories herein named, embracing, respectively, one surveying district, namely: Louisiana, Florida, Minnesota, Kansas, California, Nevada, Oregon, Nebraska and Iowa, Dakota, Colorado, New Mexico, Idaho, Washington, Montana, Utah, Wyoming, Arizona. * * * * of surveyor-general. SEC. 2214. Every surveyor-general, while in the dis- Residence charge of the duties of his office, shall reside in the district for which he is appointed. SEC. 2215. Every surveyor-general shall, before enter-Bond of veyor-general. ing on the duties of his office, execute and deliver to the Secretary of the Interior a bond, with good and sufficient security, for the penal sum of thirty thousand dollars, conditioned for the faithful disbursement, according to law, of all public money placed in his hands, and for the faithful performance of the duties of his office. SEC. 2216. The President is authorized, whenever he New bond of may deem it expedient, to require any surveyor-general to give a new bond and additional security, under the direction of the Secretary of the Interior, for the faithful 343 Duration of of fice. Completion of surveys, delivery of field notes. Devolution surveyor gen upon Commis Office. disbursement, according to law, of all money placed in his hands. SEC. 2217. The commission of every surveyor-general now in office, and of every surveyor-general hereafter appointed, shall cease and expire, unless sooner vacated by death, resignation, or removal from office, in four years from the date of the commission. SEC. 2218. The Secretary of the Interior shall take all the necessary measures for the completion of the surveys in the several surveying-districts for which surveyorsgeneral have been, or may be, appointed, at the earliest periods compatible with the purposes contemplated by law; and whenever the surveys and records of any such district are completed, the surveyor-general thereof shall be required to deliver over to the secretary of state of the respective States, including such surveys, or to such other officer as may be authorized to receive them, all the field-notes, maps, records, and other papers appertaining to land titles within the same; and the office of surveyor-general in every such district shall thereafter cease and be discontinued. of SEC. 2219. In all cases where, as provided in the preeral's powers ceding section, the field-notes, maps, records, and other sioner of Land papers appertaining to land-titles in any State are turned over to the authorities of such State, the same authority, powers, and duties in relation to the survey, resurvey, or subdivision of the lands therein, and all matters and things connected therewith, as previously exercised by the surveyor-general, whose district included such State, shall be vested in, and devolved upon, the Commissioner of the General Land Office. Free access to fleld notes, etc., delivered States. SEC. 2220. Under the authority and direction of the to Commissioner of the General Land Office any deputy surveyor or other agent of the United States shall have free access to any such field notes, maps, records, and other papers for the purpose of taking extracts therefrom or making copies thereof without charge of any kind. of SEC. 2221. The field-notes, maps, records, and other the papers mentioned in section twenty-two hundred and nineteen, shall in no case be turned over to the authorities of any State, until.such State has provided by law for the reception and safe-keeping of the same as public records, and for the allowance of free access to the same by the authorities of the United States. Conditions delivery of field notes to States. Continuance of duties after expi sion. SEC. 2222. Every surveyor-general, register, and reration of commis- ceiver, except where the President sees cause otherwise to determine, is authorized to continue in the uninterrupted discharge of his regular official duties, after the day of expiration of his commission, and until a new commission is issued to him for the same office, or until the day when a successor enters upon the duties of such office; and the existing official bond of any officer so acting shall be deemed good and sufficient, and in force, until the date of the approval of a new bond to be given by him, if re-commissioned, or otherwise, for the additionl time he may so continue officially to act, pursuant to the authority of this section. o surveyors-gen SEC. 2223. Every surveyor-general shall engage a suffi- General duties cient number of skillful surveyors as his deputies, to eral. whom he is authorized to administer the necessary oaths upon their appointments. He shall have authority to frame regulations for their direction, not inconsistent with law or the instructions of the General Land Office, and to remove them for negligence or misconduct in office. Second. He shall cause to be surveyed, measured, and marked, without delay, all base and meridian lines through such points and perpetuated by such monuments, and such other correction parallels and meridians as may be prescribed by law or by instructions from the General Land Office in respect to the public lands within his surveying district, to which the Indian title has been or may be hereafter extinguished. Third. He shall cause to be surveyed all private land claims within his district, after they have been confirmed by authority of Congress, so far as may be necessary to complete the survey of the public lands. Fourth. He shall transmit to the register of the respective land offices within his district general and particular plats of all lands surveyed by him for each land district; and he shall forward copies of such plats to the Commissioner of the General Land Office. Fifth. He shall, so far as is compatible with the desk duties of his office, occasionally inspect the surveying operations while in progress in the field, sufficiently to satisfy himself of the fidelity of the execution of the work according to contract, and the actual and necessary expenses incurred by him while so engaged shall be allowed; and where it is incompatible with his other duties for a surveyor-general to devote the time necessary to make a personal inspection of the work in progress, then he is authorized to depute a confidential agent to make such examination, and the actual and necessary expenses of such person shall be allowed and paid for that service, and five dollars a day during the examination in the field; but such examination shall not be protracted beyond thirty days, and in no case longer than is actually necessary; and when a surveyor-general, or any person employed in his office at a regular salary, is engaged in such special service, he shall receive only his necessary expenses in addition to his regular salary. from records of SEC. 2225. Any copy of a plat of survey, or transcript Transcripts from the records of the office of surveyor-general of Louisiana. Louisiana, duly certified by him, shall be admitted as evidence in all the courts of the United States and the Territories thereof. * Duties of reg ister and receiver veyor general. SEC. 2228. The President is authorized in any case performed by sur- where he thinks the public interest may require it, to transfer the duties of register and receiver in any district to the surveyor-general of the surveying district in which such land district is located. Bond of deputy surveyor. Oath of deputy surveyor. Suit on bond of SEC. 2230. Every deputy surveyor shall enter into bond, with sufficient security, for the faithful performance of all surveying contracts confided to him; and the penalty of the bond in each case shall be double the estimated amount of money accruing under such contract, at the rate per mile stipulated to be paid therein. The sufficiency of the sureties to all such bonds shall be approved and certified by the proper surveyor-general. SEC. 2231. The surveyors-general, in addition to the oath now authorized by law to be administered to deputies on their appointment to office, shall require each of their deputies, on the return of his surveys, to take and subscribe an oath that those surveys have been faithfully and correctly executed according to law and the instructions of the surveyor-general. SEC. 2232. The district attorney of the United States, deputy surveyor. in whose district any false, erroneous, or fraudulent surveys have been executed, shall, upon the application of the proper surveyor-general, immediately institute suit upon the bond of such deputy, and the institution of such suit shall act as a lien upon any property owned or held by such deputy or his sureties at the time such suit was instituted. Rules of survey. SEC. 2395. The public lands shall be divided by north and south lines run according to the true meridian, and by others crossing them at right angles, so as to form townships of six miles square, unless where the line of an Indian reservation, or of tracts of land heretofore surveyed or patented, or the course of navigable rivers, may render this impracticable; and in that case this rule must be departed from no further than such particular circumstances require. Second. The corners of the townships must be marked with progressive numbers from the beginning; each distance of a mile between such corners must be also distinctly marked with marks different from those of the corners. Third. The township shall be subdivided into sections, containing, as nearly as may be, six hundred and forty acres each, by running through the same, each way, parallel lines at the end of every two miles; and by making a corner on each of such lines at the end of every mile. The sections shall be numbered, respectively, beginning with the number one in the northeast section, and proceeding west and east alternately through the township with progressive numbers till the thirty-six be completed. |